Orange County NC Website
DocuSign Envelope ID: F4B3E08B-D87A-4AE0-BD19-D169D4E8F41B <br /> Risk Transfer Policy anal Orange County Minimum Insurance Coverage Requirements (each document is <br /> incorporated herein by reference and may be viewed at http ' orafgg�corrtn q _gpy/pmts lrqsun,,t;/c c qaract�.aSrs). <br /> If Owner's Risk Manager determines additional insurance coverage is required such additional insurance <br /> shall consist of n/a (if no additional insurance required mark N/A as being riot applicable). Provider shall not <br /> commence work until Ss cls insurance is in effect and certification thereof has been received by the Owner's <br /> Risk Manager. <br /> 5. Ind'csttnit : The Provider agrees to defend, indemnify, and hold harrrrless Orange County <br /> from all losses, liabilities, claims, demands, Suits, costs, damages or expenses (including reasonable <br /> attorney's fees) arising from bodily itajury, including death, to any Person or Persons or damage to or <br /> destruction of any property caused in whole or in part by any negligent or intentional act or omission on the <br /> part of the Provider. <br /> . Termination: This Agreement may be terminated at any time by mutual written agreement of <br /> the parties or by the County upon written notice to the Provider, <br /> 7. Entire Ag;reenient and Signatures: The parties have read this Agreement and agree to be <br /> bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the <br /> Agreement between the parties unless and until modified in writing and signed by the parties. 1"'his <br /> Agreement together with any amendments or modifications may be executed electronically, All electronic. <br /> Signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of <br /> North Carolina General Statute Chapter 66.. <br /> 8. k'riorit : In determining the basic services to be provided, should any documents be <br /> referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the <br /> terms of referenced documents and the terms ofthis Agreement. <br /> 9 Governing Law: Both parties agree that this Agreement shall be governed by the laws of the <br /> State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this <br /> Agreement such litigation shall be initiated in the General Court of Justice of North Carolina Seated in <br /> Grange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, <br /> state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. <br /> 10. Dispute Resolution: Any and all Suits or actions to enforce, interpret, or seek damages with <br /> respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in <br /> the General Court of Justice of forth Carolina sitting in Orange County,North. Carolina. It is agreed by the <br /> parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding <br /> arbitration may riot be initiated by either Party„ however,. the Parties may agree to nonbinding mediation of <br /> any dispute prior to the bringing of Such suit or action. <br /> 11. Non A ;ro fim mn: Provides- acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutol-y <br /> mandate. In the event that public funds are unavailable and not appropriated for the performance of C;outrty"s <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to Count <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds, <br /> ISIGNA°I URF PAGE 'rO I'"OLLCI►W]I <br /> Revised u0/14 2 <br />